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UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2452
Experience:  I am a qualified solicitor and an expert in UK law.
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i made an application in sept2012 under human rights policies,

Customer Question

i made an application in sept2012 under human rights policies, sept 2013 application was refused with no appeal but the errors on the decision making are just so many.... the decision was clearly rushed.... none of our family life was considered.. all of our family are british citizens and there was errors on our nationality. we are a family of three. husband, wife and 5yr old.
please let me know if we can make further submission
Submitted: 2 years ago.
Category: Law
Expert:  UK_Lawyer replied 2 years ago.
Hi, thank you for your question, I will be happy to help you today.
On what basis did you submit the application?
What have you been doing since the refusal in Sept?
Kind regards
Customer: replied 2 years ago.

Hi there

I submitted the application on the basis of my family life under the human rights policies.

Since the refusal, the lawyer who was acting on my behalf said he would submit a fresh claim as the decision was not in accordance with the immigration rules and policies. It has been 10 months, and he still hasn't. I only found out yesterday.

I really don't know what to do.

I've been here for over 11 yes. Spent all of my young adult life here. Both myself and husband have absolutely no ties to our country of birth as they are all here

Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.
If you believed at the time you obtained your refusal that the decision made was not correct you should have asked your representative to judicially review the decision, this would have meant that court would then be able to review the decision and decide if the errors made in the judge's decision are so incorrect that had they not occurred the decision would have been made in your favour. Unfortunately as this was not done, you are now unable to apply for the decision to be judicially reviewed.
The best option now would be for you to submit a fresh application, however, you must note that just because you have been in the UK for 11 years does not automatically mean that your application will automatically be accepted.
Had your child been 7 years old, the child could then have applied for discretionary leave to remain on her/his own basis, this is called the 7 years concession rule, once he/she had obtained a visa, you could have then applied for permission to remain in the UK on the basis that your child has a visa, but as your child is still only 5 the 7 year concession rule would not be met and your application can be refused.
All you can do now is submit evidence of you residing in the UK and not having any ties to your home country, you may also wish to submit evidence of your child starting nursery to show how much she has embedded into the UK society. If the application is refused you can just judicially review it, should no right of appeal be given.
Apart from the above your options are limited.
I hope this answers your question if however you feel that the answer does not cover all the points raised in your question please do not hesitate to ask further questions until you are satisfied with my answer.
Kind regards
Expert:  UK_Lawyer replied 2 years ago.

Is there anything further I can assist you with? if not kindly rate my answer so i can get credited for my time.

Kind regards

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